Da ineficácia da medida socioeducativa de reparação do dano e reparação do dano e sua consequente inaplicabilidade na Comarca de Cajazeiras.

Abstract

This paper deals with by social repair the damage under the Child and Adolescent, explaining its ineffectiveness and the resulting unenforceability. This took place the following problems: what are the reasons that lead to inefficiency and consequent inapplicability of by social repair the damage? With the hypotheses to be observed: the inefficiency due to the solidarity between the teen admitted and their legal guardians, and the absence of the offender's own resources to fulfill it. The objective is mainly to analyze the situation by social inefficiency of repair of the damage provided by the Child and Adolescent (Law No. 8.069/90), in Article 112, paragraph II, the County of Cajazeiras, and observe the characteristics the measure of socio repair the damage and there is also the legal aspects of civil and criminal harvest to which the application is submitted by social analyzed, verifying that the probable causes of the ineffectiveness of the measure under consideration. Was adopted, so the inductive method of approach, methods and procedures and the evolutionaryhistory monograph, and on the techniques of indirect survey the literature and exegesis, legal, and direct interviews with experts on the subject. It addresses throughout the text: the adolescent under the laws homelands, emphasizing the application of educational measures, especially the repair of damage, and the causes of its inefficiency and consequent inapplicability. Understanding that the inefficiency stems from the solidarity between the adolescent and their legal guardians, and the lack of resources of the offender, making it unenforceable.